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List of Forms by Chapter
Chapter 1 — Overview of the Bankruptcy Code and System
III. [1.3] The Bankruptcy Rules
IV. United States Trustee System
V. [1.18] Employment and Compensation in Bankruptcy Cases
VI. Jurisdiction, Venue, Appeals
Chapter 2 — Consequences of Bankruptcy and Out-of-Court Alternatives
Chapter 3 — Section 541: Property of the Estate
III. Section 541(a): Property Included in the Bankruptcy Estate
IV. Section 541(b): Property Excluded from the Bankruptcy Estate
V. Section 541(c): Restricted or Conditioned Interests
Chapter 4 — Proofs of Claim, Priorities, and Distribution
I. Definitions
II. Proofs of Claim and Interest
III. Allowance of Claims and Interests
IV. Treatment of Secured Claims
V. Claims of Codebtors
VII. Reconsideration and Subordination of Claims
VIII. Priority Claims — Bankruptcy Code §507
IX. Distribution of Property of the Estate
Chapter 5 — Trustee’s Responsibilities and Avoiding Powers in Business Bankruptcies
II. [5.2] Trustee’s Duties
III. Avoiding Powers
Chapter 6 — Advising Business Debtors: Alternatives to Bankruptcy
III. [6.3] The Workout Alternatives
IV. [6.16] The Shutdown Alternatives
VII. Appendix
Chapter 7 — Illinois Common-Law Assignments for the Benefit of Creditors
Chapter 8 — Involuntary Bankruptcy
II. [8.2] Filing an Involuntary Petition
III. [8.6] Eligible and Ineligible Debtors
IV. [8.12] Requirements for Petitioning Creditors
V. [8.21] Number of Petitioning Creditors and Amounts of Claims
VI. [8.31] Grounds for Involuntary Relief
VII. [8.34] Order for Relief
VIII. Other Important Considerations When Filing an Involuntary Case
IX. Assignments for the Benefit of Creditors and Involuntary Cases Under the Bankruptcy Code
Chapter 9 — Business Chapter 7 Cases
II. Alternatives to Filing, Initial Considerations, and Advantages of Bankruptcy
III. Preliminary Issues and Filing the Petition
IV. [9.15] Particular Statutory Directives
V. [9.20] Impact on Trustee’s Obligations and Powers
Chapter 10 — Representing the Chapter 11 Debtor
II. [10.2] First Steps
III. [10.12] The Chapter 11 Case
Chapter 11 — Representing the Secured Creditor and Adequate Protection
III. Effect of the Bankruptcy Filing on Secured Creditor’s Rights in After-Acquired Property
IV. [11.8] Commencement of the Bankruptcy Case and the Impact of the Automatic Stay on the Secured Creditor
V. [11.12] Avoidance of Unperfected Liens — Hypothetical Lien Creditor
VI. Bifurcation and Lien-Stripping of the Secured Creditor’s Claim
VII. Claims Assessed Against, or Allowed as Secured Claims of, the Secured Creditor Under Bankruptcy Code §506
VIII. [11.27] Adequate Protection
IX. Impact of a Bankruptcy Code §363 Asset Sale on a Secured Creditor
X. Other Rights, Remedies, or Concerns of the Secured Creditor During the Administration of the Bankruptcy Case
XI. [11.50] Treatment of Secured Claims Under a Chapter 11 Plan
Chapter 12 — Postpetition Financing
Chapter 13 — Representing the Official Committee of Unsecured Creditors
II. Formation and Composition of the Committee
III. Governance of the Committee
V. [13.12] Disclosure Requirements to Unsecured Creditors
IX. [13.21] Role of the Committee During the Chapter 11 Case
XI. Appendix — Forms
Chapter 14 — Executory Contracts and Unexpired Leases
I. Introduction and Definitions
II. Standards for Allowing Assumption and Rejection
III. Time Limitations for Assumption or Rejection
IV. Performance Pending Assumption or Rejection
V. Assumption and Assignment of Executory Contracts and Unexpired Leases
VII. Issues Related to Rejection of Executory Contracts and Unexpired Leases
IX. Rejection of Intellectual Property Contracts
Chapter 15 — Attorneys’ Fees in Chapter 11 Cases
II. [15.2] Retention
III. [15.14] Compensation and Fee Applications
IV. [15.41] Retention and Compensation in Subchapter V Cases
Chapter 16 — Special Problems in Dealing with the Farm Debtor
Chapter 17 — The Chapter 11 Plan, Confirmation, and Cramdown
III. Approval of Disclosure Statement and Solicitation
IV. [17.11] Contents of a Plan
V. Effect of Confirmation
Chapter 18 — Asset Sales Under the Bankruptcy Code
II. [18.2] The Requirements of Bankruptcy Code §363 Do Not Apply to Sales Within the “Ordinary Course of Business”
III. [18.5] Sales Outside of the Ordinary Course of Business
Chapter 19 — Special Issues for Limited Liability Companies
V. Limited Liability Company as Debtor
VI. When a Limited Liability Company Member is the Debtor
Chapter 20 — Chapter 11 Cases for Individuals and Small Business Debtors
II. Representing the Individual Debtor
III. Representing the Creditor
IV. Small Business Cases
Chapter 21 — Special Problems in Commercial Real Estate Bankruptcy Cases
IV. [21.4] Perfecting a Security Interest in Rents
V. [21.7] Debtor’s Use of Mortgagee’s Cash Collateral
VI. Automatic Stay
VII. Real Property Leases
VIII. Chapter 11 Plans of Reorganization
Chapter 22 — Small Business Reorganization Act of 2019
I. Introduction and Scope of the Chapter
II. History of the Small Business Reorganization Act of 2019
III. Subchapter V Election
IV. The Subchapter V Trustee
V. The Debtor-in-Possession
VI. Subchapter V PlanPaul M. Bauch is a Partner at Bauch & Michaels, LLC, in Chicago, where he focuses on complex commercial litigation and bankruptcy. He is a member of the American Bankruptcy Institute, the Institute of Real Estate Management, and the Big Shoulders Fund. Mr. Bauch received his B.S. cum laude from Western Michigan University and his J.D. from the University of Miami School of Law.
Michael A. Brandess is a Partner at Sugar Felsenthal Grais & Helsinger LLP in Chicago, where he focuses on corporate restructuring and commercial bankruptcy. He a 2022 40 Under 40 Honoree of the American Bankruptcy Institute, the President of the Chicago/Midwest Chapter of the Turnaround Management Association, and the Executive Editor of STRATEGIC ALTERNATIVES FOR AND AGAINST DISTRESSED BUSINESSES (West 2022). Mr. Brandess received his B.A. from the University of Michigan and his J.D. from the University of Illinois College of Law.
Matthew Brash is the Senior Managing Director of Newpoint Advisors Corporation in Chicago. He serves as the SBRA Subchapter V Trustee of the United States Trustee Program for the Northern District of Illinois, Eastern Division. He is member of Turnaround Management Association, the American Bankruptcy Institute, and the National Association of Bankruptcy Trustees. Mr. Brash received his bachelor’s degree from the University of Illinois at Urbana-Champaign.
Alexander F. Brougham is a Partner at Adelman & Gettleman, Ltd., in Chicago, where he concentrates his practice in business bankruptcy, reorganization, and commercial litigation. He has been regularly selected as a Rising Star by Super Lawyers and an Emerging Lawyer by Leading Lawyers. He was chosen to join the National Conference of Bankruptcy Judges’ Next Generation program (2014) and served as a law clerk to bankruptcy judges in Illinois and Massachusetts. Mr. Brougham received his B.A. from Colby College and his J.D. from Northeastern University School of Law.
Christian A. Conway is an associate at Clark Hill PLC in Chicago, where she focuses on bankruptcy and restructuring. She is a member of the International Women’s Insolvency & Restructuring Confederation and the Black Women Lawyers’ Association of Greater Chicago, Inc. She is the Founder of I Am Abel Law. Ms. Conway received her B.A. from Emory University and her J.D. from the University of Wisconsin Law School.
David R. Doyle is a Member at Cozen O’Connor in Chicago, where he focuses his practice on creditor’s rights, insolvency matters, and commercial litigation. He represents financial institutions and specialty lenders in workout scenarios, foreclosure cases, and bankruptcy cases. He also advises distressed companies and creditors in out-of-court restructurings and Chapters 7 and 11 bankruptcy cases. He represents receivers, assignees for the benefit of creditors, and bankruptcy trustees as general counsel or special litigation counsel. A significant part of his practice involves representing defendants in preference and fraudulent transfer adversary proceedings. Before private practice, he served as a law clerk to the Hon. Carol A. Doyle (no relation), who was the Chief Judge of the United States Bankruptcy Court for the Northern District of Illinois. Mr. Doyle received his B.A. from the University of Illinois at Urbana-Champaign and his J.D. cum laude at Chicago-Kent College of Law.
Nicholas R. Dwayne is an associate at Adelman & Gettleman, Ltd., in Chicago, where he focuses on lending, bankruptcy, reorganization, and commercial litigation. He is a member of the Chicago Bar Association. Mr. Dwayne received his B.A. from Marquette University and his J.D. from the University of Illinois College of Law.
Joseph D. Frank is a Partner at FrankGecker LLP in Chicago, where he focuses on corporate bankruptcy. Mr. Frank received his B.A. magna cum laude from Carleton College and his J.D. with honors from the University of Chicago Law School.
Eva D. Gadzheva is an associate at Goldberg Kohn Ltd. in Chicago, where she focuses on bankruptcy and creditors’ rights. She is a member of American Bankruptcy Institute. Ms. Gadzheva received her B.A. with highest distinction from the University at Buffalo and her J.D. from the Northwestern University Pritzker School of Law.
Frances F. Gecker is one of the Founding Partners of FrankGecker LLP in Chicago, where she represents and counsels financial institutions, trusts, corporations, creditors’ committees, and investors in commercial law, restructuring, and insolvency issues. She also has extensive experience serving as a liquidating trustee and representing liquidating trusts. She was first appointed by the United States trustee to serve as a trustee in the Northern District of Illinois. She has written numerous articles on bankruptcy issues, including the seminal article, The Doctrine of Necessity and Its Parameters, which has been widely cited by courts throughout the country. Ms. Gecker received her undergraduate degree with honors from the University of Wisconsin and her J.D. with highest honors from the Northwestern University School of Law.
Chad H. Gettlemanis Senior Counsel to Adelman & Gettleman, Ltd., in Chicago, where he focuses on commercial litigation, bankruptcy, insolvency, and corporate reorganization. He was named a Leading Lawyer for Bankruptcy and Workouts in 2004 – 2021 by Illinois Leading Lawyers Network, an Illinois Super Lawyer in the area of Bankruptcy and Reorganization, and a Leading Lawyer for Business by Chambers USA in 2006 – 2021. Mr. Gettleman received his law degree from Marquette University Law School. He is also a certified public accountant.
Joshua D. Greene is a Partner at Springer Larsen Greene, LLC, in Wheaton, where he focuses on bankruptcy. He is a past Chair of the DuPage County Bar Association Bankruptcy Section and a former member of the Bankruptcy Court Liaison Committee in the Northern District of Illinois. He was recognized as a 2018 Emerging Lawyer by Leading Lawyers. Mr. Greene received his B.B.A. from Middle Tennessee State University and his J.D. from DePaul University College of Law.
Allen J. Guon is a Member at Cozen O’Connor in Chicago, where he focuses on bankruptcy, insolvency and restructuring, and commercial litigation. He is a member of the American Bankruptcy Institute, Chair of the Bankruptcy and Reorganization Committee of the Chicago Bar Association, and a member of the Board of Directors and Executive Committee of Credit Abuse Resistance Education. Mr. Guon received his B.S. with distinction and his M.S.E.S. from Indiana University Bloomington and his J.D. cum laude from the Indiana University Maurer School of Law.
Danielle Wildern Juhle is a Partner at Goldberg Kohn Ltd. in Chicago, where she focuses on bankruptcy and creditors’ rights. She is a member of the American Bankruptcy Institute and the State Bar of Michigan. Ms. Juhle received her B.A. from the University of Michigan and her J.D. from the Northwestern University Pritzker School of Law.
R. Jacob Jumbeck is an associate at King & Spalding LLP in Chicago, where he focuses on restructuring. He is a member of the American Bankruptcy Institute and the American Bar Association. He is an Emory Bankruptcy Developments Journal, Notes and Comments Advisory Committee Member. Mr. Jumbeck received his B.A. summa cum laude from Marquette University and his J.D. with honors from the Emory University School of Law.
Dimitri G. Karcazes is an associate at Goldberg Kohn Ltd., in Chicago, where he focuses on bankruptcy and creditors’ rights. He is a member of the American Bankruptcy Institute, INSOL Europe, and the Hellenic Bar Association. Mr. Karcazes received his B.A. from the University of Chicago and his J.D. from the University of Chicago Law School.
Jeremy C. Kleinman is an associate at FrankGecker LLP in Chicago, where he focuses on corporate bankruptcy and litigation. Mr. Kleinman received his B.A. in political science from the University of California at Los Angeles and his J.D. from the University of Michigan Law School.
Micah R. Krohn is Senior Counsel to FrankGecker LLP in Chicago, where he represents Chapter 7 and 11 trustees. Mr. Krohn received his B.A. from Brandeis University and his J.D. for the Benjamin N. Cardozo School of Law.
Richard G. Larsen is a Partner at Springer Larsen, LLC, in Wheaton, where he focuses on bankruptcy and insolvency. He is the Chair of the Bankruptcy Section of the DuPage County Bar Association and a member of the Kane County Bar Association. He was the winner of the ISBA Lincoln Award for Legal Writing in 1990. Mr. Larsen received his BA magna cum laude from Aurora University and his JD magna cum laude from the Northern Illinois University College of Law.
Mark S. Melickian is a Partner at Sugar Felsenthal Grais & Helsinger LLP in Chicago, where he focuses on corporate restructuring and commercial bankruptcy. He has been recognized as an Illinois Super Lawyer. He is a Director and Committee Chair of the Chicago/Midwest chapter of the Turnaround Management Association and Editor in Chief of CHAPTER 12 FROM A TO Z: BANKRUPTCIES OF FAMILY FARMERS AND FAMILY FISHERMEN for the American Bankruptcy Institute. Mr. Melickian received his B.A. from Colorado State University and his J.D. from the Northwestern University Pritzker School of Law.
Kevin H. Morse is a Partner at Clark Hill PLC in Chicago, where he focuses on bankruptcy and restructuring. He was named an Illinois Super Lawyers Rising Star in 2020 – 2022 and an Illinois Emerging Lawyer in 2015 – 2022. He is a member of The American Lawyers Magazine Young Lawyers Editorial Board (2018 – 2022) and Co-Chair of the Communications Committee of the Turnaround Management Association. Mr. Morse received his B.A. from the University of Colorado at Boulder and his J.D. from Pepperdine University School of Law.
Jill L. Nicholson is a Partner at Foley & Lardner LLP in Chicago, where she focuses on bankruptcy and restructuring. She was selected by her peers for inclusion in The Best Lawyers in America in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, recognized by Super Lawyers as one of the Top 100 Lawyers in Illinois, and recognized by Chambers USA as a top bankruptcy and restructuring lawyer. Ms. Nicholson received her B.A. from the University of Chicago and her J.D. from the University of Illinois College of Law.
Peter J. Roberts is a Member at Cozen O’Connor in Chicago, where he focuses on bankruptcy and commercial litigation. He is a member of the American Bankruptcy Institute. He was designated a Super Lawyer in the areas of bankruptcy and creditor debtor rights/insolvency and reorganization and recognized in Best Lawyers in America in the practice area of bankruptcy and creditor debtor rights/insolvency and reorganization. Mr. Roberts received his A.B. cum laude from Boston College and his J.D. from Duke University School of Law.
Nathan Q. Rugg is a Partner at Barack Ferrazzano Kirschbaum & Nagelberg LLP in Chicago, where he focuses on bankruptcy and creditors’ rights. He was selected as a Super Lawyer in 2016 – 2022, a Best Lawyer in America in the areas of Bankruptcy & Creditors Rights and Insolvency & Reorganization Law in 2021 – 2022, and recognized as a Leading Lawyer in 2017 – 2022. Mr. Rugg received his B.A. from Dartmouth College and his J.D. cum laude from the University of Illinois College of Law.
Carolina Y. Sales is a Partner at Robbins DiMonte, Ltd, in Park Ridge, where she focuses on commercial litigation and bankruptcy. She is the Treasurer of the Diversity Scholarship Foundation, NFP, and a member of the Chicago Bar Association Judicial Evaluation Committee. She was named an Emerging Lawyer from 2018 – 2020 and a Leading Lawyer from 2021 – present. Ms. Sales received an Honors BA cum laude from Marquette University and her LLM with honors and JD cum laude from the University of Illinois Chicago School of Law.
Adam P. Silverman is Managing Partner at Adelman & Gettleman, Ltd., in Chicago, where he focuses on commercial insolvency and bankruptcy. He was named a Rising Star in 2008 – 2010, a Super Lawyer in 2012 – 2022, and a Leading Lawyer in 2015 – 2022. Mr. Silverman received his B.A. from the University of Illinois, his M.B.A. from DePaul University Kellstadt Graduate School of Business, and his J.D. with honors from Chicago-Kent College of Law.
Michael J. Small is a Partner at Foley & Lardner LLP in Chicago, where he focuses on business reorganization, bankruptcy, and restructuring. He has been recognized in Chamber USA: America’s Leading Lawyers for Business in the practice area of bankruptcy/restructuring (2014 – 2018, 2021) and Best Lawyers in America in the fields of bankruptcy and creditor debtor rights/insolvency and reorganization law (2011 – 2022) and litigation – bankruptcy (2011 – 2022). He is AV Preeminent rated by Martindale-Hubbell. Mr. Small received his B.A. Phi Beta Kappa from Brown University, his M.A. from the Jewish Theological Seminary of America, and his J.D. from the University of Chicago Law School.
Thomas E. Springer is a Member/Trustee at Springer Larsen Greene, LLC, in Wheaton, where he focuses on bankruptcy law. He is a member of the Panel of United States Bankruptcy Trustees, Region 11, Northern District of Illinois; the National Association of Bankruptcy Trustees; and the American Bankruptcy Institute. Mr. Springer received his B.A. from Purdue University and his J.D. from DePaul University College of Law.
Elizabeth B. Vandesteegis a Partner at Levenfeld Pearlstein, LLC, in Chicago, where she concentrates in restructuring. She is a member of the American Bankruptcy Institute, theInternational Women’s Insolvency & Restructuring Confederation, and the International Association of Privacy Professionals. Ms. Vandesteeg received her B.A. from Columbia University and her J.D. from Boston College Law School.
Neema T. Varghese is the Managing Director of NV Consulting Services in Chicago, where she focuses on financial restructuring. She is a member of the American Bankruptcy Institute and a Board Member of the Turnaround Management Association. In 2016, she received the M&A Advisor Emerging Leader Award. She is a Certified Insolvency and Restructuring Advisor. Ms. Varghese received her degree in accounting from the University of Illinois at Urbana-Champaign.
Matthew L. Warren is a Partner at King & Spalding LLP in Chicago, where he focuses on restructuring. He is a member of the American Bankruptcy Institute, the American Bar Association, and the Middle Market Open Board, benefiting the National Kidney Foundation of Illinois. Mr. Warren received his B.S. summa cum laude from Southern Illinois University Edwardsville and his J.D. from the University of Arizona James E. Rogers College of Law.
Sean P. Williamsis an associate at Levenfeld Pearlstein, LLC, in Chicago, where he focuses on bankruptcy and corporate restructuring. He is a member of the American Bankruptcy Institute, the Turnaround Management Association, and the Chicago Bar Association. Mr. Williams received his B.A. from Augustana College and his J.D. from the University of Illinois Chicago School of Law.
Daniel A. Zazove is Of Counsel to Perkins Coie LLP in Chicago, where he focuses on insolvency and restructuring. He is a Fellow in the American College of Bankruptcy, has been listed in Chambers USA as one of America’s Leading Business/Restructuring Lawyers for 17 consecutive years, and has been named a Best Lawyer in America. He is the Cochair of the Seventh Circuit Education Committee of the American College of Bankruptcy and was an adjunct professor at The John Marshall Law School in 2008 – 2009. Mr. Zazove received his B.A. from the University of Wisconsin and his J.D. from the University of Illinois College of Law.
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